Lupercal LLC v. CitiBank, N.A.

Western District of Texas, txwd-6:2019-cv-00201

NOTICE Joint Claim Construction Statement by Lupercal LLC

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION LUPERCAL LLC, Plaintiff Case No. 6:19-cv-00201-ADA v. JURY TRIAL DEMANDED LEAD CASE CITIBANK, N.A., Defendant LUPERCAL LLC, Case No. 6:19-cv-00202-ADA Plaintiff JURY TRIAL DEMANDED v. PLAINSCAPITAL BANK, Defendant JOINT CLAIM CONSTRUCTION STATEMENT Lupercal LLC ("Lupercal") and PlainsCapital Bank ("PlainsCapital") respectfully submit this Joint Claim Construction Statement for the asserted claims of U.S. Patent No. 9,386,094 (the "'094 Patent"). There are five disputed claim terms. The following tables provide Lupercal's and PlainsCapital's proposed constructions for each: JOINT CLAIM CONSTRUCTION STATEMENT PAGE |1 I. DISPUTED TERMS A. Term 1: "image submission tool" (Claims 30-32, 38, 43-44, 50) Lupercal's Proposed Construction PlainsCapital's Proposed Construction No construction necessary (plain and "web-based program capable of being ordinary meaning) integrated into a webpage and configured to perform a variable amount of intelligent preprocessing on media objects such as images prior to upload" B. Term 2: "pre-process" (Claims 30, 42) Lupercal's Proposed Construction PlainsCapital's Proposed Construction "modifying the one or more images, as "modifying the one or more image files, as opposed to data merely associated with opposed to data merely associated with the one or more images, at the user device the image files, at the user device prior to prior to transmission to a remote device" transmission to a remote device" C. Term 3: "pre-processing parameters" (Claims 30, 42) Lupercal's Proposed Construction PlainsCapital's Proposed Construction "values directing the pre-processing" "configurable values directing the preprocessing, as opposed to merely default values" JOINT CLAIM CONSTRUCTION STATEMENT PAGE |2 D. Term 4: "the pre-processing by the image submission tool controlled by one or more pre-processing parameters received from a device separate from the user device in a conversion of the one or more images or the one or more replacement images as specified for use by a receiving party" (Claims 30, 42) Lupercal's Proposed Construction PlainsCapital's Proposed Construction No construction necessary (plain and "pre-processing the one or more image ordinary meaning) files using the image submission tool to meet the pre-processing parameters specified by a receiving party, the pre- processing parameters being received by the image submission tool from a device other than the user device while the image submission tool performs a change of the one or more image files from one form to another" E. Term 5: "enabling a user to determine whether the one or more images should be replaced with one or more replacement images" (Claim 30), "enabling a user to determine whether the first image should be replaced with a first replacement image" (Claim 42) Lupercal's Proposed Construction PlainsCapital's Proposed Construction No construction necessary (plain and Indefinite ordinary meaning) JOINT CLAIM CONSTRUCTION STATEMENT PAGE |3 Dated: December 27, 2019 Respectfully submitted, Raymond W. Mort, III Texas State Bar No. 00791308 raymort@austinlaw.com THE MORT LAW FIRM, PLLC 100 Congress Ave, Suite 2000 Austin, Texas 78701 Tel/Fax: (512) 865-7950 ATTORNEYS FOR PLAINTIFF /s/ Kevin D. Rodkey John G. Flaim Texas Bar No. 00785864 BAKER & MCKENZIE LLP 1900 North Pearl Street, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-3000 Facsimile: (214) 978-3099 john.flaim@bakermckenzie.com Jeffrey A. Berkowitz (pro hac vice) Jency J. Mathew (pro hac vice) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190-5675 Telephone: 571-203-2700 Fax: 202-408-4400 jeffrey.berkowitz@finnegan.com jency.mathew@finnegan.com Kevin D. Rodkey (pro hac vice) Shawn S. Chang (pro hac vice) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 271 17th St. NW, Suite 1400 Atlanta, GA 30363-6209 Telephone: 404-653-6400 JOINT CLAIM CONSTRUCTION STATEMENT PAGE |4 Fax: 404-653-6444 kevin.rodkey@finnegan.com shawn.chang@finnegan.com ATTORNEYS FOR DEFENDANT PLAINSCAPITAL BANK JOINT CLAIM CONSTRUCTION STATEMENT PAGE |5